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Article III - Judicial Department

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• Section 1. Judicial Power, Courts, Judges
  • Organization of Courts, Tenure, and Compensation of Judges
    • One Supreme Court
    • Inferior Courts
      • Abolition of Courts
    • Compensation
      • Diminution of Salaries
    • Courts of Specialized Jurisdiction
    • Legislative Courts
      • Power of Congress Over Legislative Courts
      • Review of Legislative Courts by Supreme Court
      • The “Public Rights” Distinction
      • Constitutional Status of the Court of Claims and the Court of Customs and Patent Appeals
      • Status of Courts of the District of Columbia
      • Bankruptcy Courts
      • Agency Adjudication
    • Noncourt Entities in the Judicial Branch
  • Judicial Power
    • Characteristics and Attributes of Judicial Power
      • “Shall Be Vested”
    • Finality of Judgment as an Attribute of Judicial Power
      • Award of Execution
  • Ancillary Powers of Federal Courts
    • The Contempt Power
      • Categories of Contempt
      • The Act of 1789
      • An Inherent Power
      • First Amendment Limitations on the Contempt Power
      • Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary Punishment
      • Due Process Limitations on Contempt Power: Right to Jury Trial
      • Due Process Limitations on Contempt Power: Impartial Tribunal
      • Contempt by Disobedience of Orders
      • Contempt Power in Aid of Administrative Power
    • Sanctions Other than Contempt
    • Power to Issue Writs: The Act of 1789
      • Common Law Powers of District of Columbia Courts
      • Habeas Corpus: Congressional and Judicial Control
      • Habeas Corpus: The Process of the Writ
    • Congressional Limitation of the Injunctive Power
    • Injunctions Under the Emergency Price Control Act of 1942
    • The Rule-Making Power and Powers Over Process
    • Limitations to This Power
    • Appointment of Referees, Masters, and Special Aids
    • Power to Admit and Disbar Attorneys
• Section 2. Judicial Power and Jurisdiction
  • Clause 1. Cases and Controversies; Grants of Jurisdiction
    • Judicial Power and Jurisdiction—Cases and Controversies
      • The Two Classes of Cases and Controversies
      • Adverse Litigants
        • Collusive and Feigned Suits
        • Stockholder Suits
      • Substantial Interest: Standing
        • Citizen Suits
        • Taxpayer Suits
        • Constitutional Standards: Injury in Fact, Causation, and Redressability
        • Prudential Standing Rules
        • Standing to Assert the Constitutional Rights of Others
        • Organizational Standing
        • Standing of States to Represent Their Citizens
        • Standing of Members of Congress
        • Standing to Challenge Lawfulness of Governmental Action
      • The Requirement of a Real Interest
        • Advisory Opinions
        • Declaratory Judgments
        • Ripeness
        • Mootness
        • Retroactivity versus Prospectivity
      • Political Questions
        • Origins and Development
        • The Doctrine Before Baker v. Carr
        • Baker v. Carr
        • Powell v. McCormack
        • The Doctrine Reappears
    • Judicial Review
      • The Establishment of Judicial Review
        • Marbury v. Madison
        • Judicial Review and National Supremacy
      • Limitations on the Exercise of Judicial Review
        • Constitutional Interpretation
        • Prudential Considerations
        • The Doctrine of “Strict Necessity”
        • The Doctrine of Clear Mistake
        • Exclusion of Extra-Constitutional Tests
        • Presumption of Constitutionality
        • Disallowance by Statutory Interpretation
        • Stare Decisis in Constitutional Law
        • Conclusion
    • Jurisdiction of Supreme Court and Inferior Federal Courts
      • Cases Arising Under the Constitution, Laws, and Treaties of the United States
        • Development of Federal Question Jurisdiction
        • When a Case Arises Under
        • Removal From State Court to Federal Court
        • Corporations Chartered by Congress
        • Federal Questions Resulting from Special Jurisdictional Grants
        • Civil Rights Act Jurisdiction
        • Pendent Jurisdiction
        • Protective Jurisdiction
        • Supreme Court Review of State Court Decisions
      • Suits Affecting Ambassadors, Other Public Ministers, and Consuls
      • Cases of Admiralty and Maritime Jurisdiction
        • Power of Congress to Modify Maritime Law
        • Admiralty and Maritime Cases
        • Admiralty Proceedings
        • Territorial Extent of Admiralty and Maritime Jurisdiction
        • Admiralty and Federalism
      • Cases to Which the United States Is a Party
        • Right of the United States to Sue
        • Suits Against States
        • Immunity of the United States From Suit
        • Suits Against United States Officials
        • Suits Against Government Corporations
      • Suits Between Two or More States
        • Boundary Disputes: The Law Applied
        • Modern Types of Suits Between States
        • Cases of Which the Court Has Declined Jurisdiction
        • The Problem of Enforcement: Virginia v. West Virginia
      • Controversies Between a State and Citizens of Another State
        • Jurisdiction Confined to Civil Cases
        • The State’s Real Interest
        • The State as Parens Patriae
      • Controversies Between Citizens of Different States
        • The Meaning of “State” and the District of Columbia Problem
        • Citizenship of Natural Persons
        • Citizenship of Corporations
        • Manufactured Diversity
        • The Law Applied in Diversity Cases
      • Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States
      • Controversies Between a State, Or the Citizens Thereof, and Foreign States, Citizens, or Subjects
        • Suits by Foreign States
        • Indian Tribes
        • Narrow Construction of the Jurisdiction
  • Clause 2. Original and Appellate Jurisdiction; Exceptions and Regulations of Appellate Jurisdiction
    • The Original Jurisdiction of the Supreme Court
    • Power of Congress to Control the Federal Courts
      • The Theory of Plenary Congressional Control
        • Appellate Jurisdiction
        • Jurisdiction of the Inferior Federal Courts
        • Congressional Control Over Writs and Processes
      • The Theory Reconsidered
        • Express Constitutional Restrictions on Congress
        • Conclusion
      • Federal-State Court Relations
        • Problems Raised by Concurrency
        • The Autonomy of State Courts
          • Noncompliance With and Disobedience of Supreme Court’s Orders by State Courts
          • Use of State Courts in Enforcement of Federal Law
          • State Interference with Federal Jurisdiction
        • Conflicts of Jurisdiction: Rules of Accommodation
          • Comity
          • Abstention
          • Exhaustion of State Remedies
          • Anti-Injunction Statute
          • Res Judicata
          • Three-Judge Court Act
        • Conflicts of Jurisdiction: Federal Court Interference with State Courts
          • Federal Restraint of State Courts by Injunctions
          • Habeas Corpus: Scope of the Writ
          • Removal
  • Clause 3. Trial by Jury
• Section 3. Treason
  • Clause 1. Definition and Limitations
    • Treason
      • Levying War
        • The Burr Trial
      • Aid and Comfort to the Enemy
        • The Cramer Case
        • The Haupt Case
        • The Kawakita Case
      • Doubtful State of the Law of Treason Today
  • Clause 2. Punishment
    • Corruption of Blood and Forfeiture

Last modified: November 17, 2005